Mujeeb Rehman vs. State Of Kerala
Held
The Court held that the tender conditions explicitly stated that quoted rates should be exclusive of taxes and GST would be charged extra from the tenderer, making GST details irrelevant for selecting the successful bidder. The alleged defects were attributed to the e-tender website's general template, which did not prevent the respondents from identifying the highest bidder.
Facts
The petitioner challenged an e-tender process for the disposal of used plant and machinery, alleging that the 3rd respondent's bid was defective due to incomplete GST details and identical basic/total amounts in the price schedule. The petitioner sought a declaration that he was the valid bidder and the 3rd respondent's bid should be rejected.
Key Issues
Whether a tender bid is invalid for not filling GST columns or having identical basic and total amounts, when the tender conditions specify that rates are exclusive of taxes and GST will be charged extra.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 15TH DAY OF DECEMBER 2021/24TH AGRAHAYANA, 1943 WP(C) NO. 23189 OF 2021 PETITIONER: MUJEEB REHMAN AGED 48 YEARS S/O. LATE MUHAMMED BASHEER,PROPRIETOR, B.M. TRADERS , KP 2/797, THAIVILAKAM, VELLAYANI, NEMOM, THIRUVANANTHAPURAM -695 020 BY ADVS. THOMAS ABRAHAM ANIL K.NAIR MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN THAYYIB SHA P.S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 KERALA STATE INDUSTRIAL ENTERPRISES LIMITED, ST.JOSEPHS PRESS BUILDING, COTTON HILL, THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS MANAGING DIRECTOR 3 SHAHUL HAMEED, PROPRIETOR, M/S. AL JAZEERA FURNITURE AND SCRAP DEALER, KUNJALUMOODU, MELARANNOOR, KARAMANA, THIRUVANANTHAPURAM-695 012
W.P.(C) No.23189/2021 : 2 : BY ADVS. M.GOPIKRISHNAN NAMBIAR G.SUDHEER K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN R.HARIKRISHNAN (H-308) SMT.PRINCY XAVIER, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERE
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